BILL ANALYSIS
Senate Research Center S.B. 217
By: Shapiro
Transportation & Homeland Security
AUTHOR'S/SPONSOR'S STATEMENT OF INTENT
The purpose of this bill is to address problems that have arisen since the implementation of S.B. 1904, 78th Legislature, Regular Session. Currently, trucking companies perform drug tests on all drivers. S.B. 1904 required that a report be given to the Department of Public Safety (DPS) to keep in their records when a driver tests positive for drugs. S.B. 217 allows DPS to keep a record when other commercial driver's license (CDL) holders, such as school and city bus drivers, test positive for drugs. S.B. 217 also provides that a refusal to provide a specimen for a drug or alcohol testing, or an adulterated, diluted, or substituted specimen as those terms are defined in 49 C.F.R. 40.3, will be reported to and maintained by DPS in the same manner as a valid positive result. S.B. 217 moves the provisions from Section 643.064, Transportation Code, which is reserved for the Texas Department of Transportation, to Section 644.105, which pertains to DPS, in order to clean up the code since DPS is the entity that administers the program.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 521.053(d), Transportation Code, to authorize the Department of Public Safety (DPS) to provide information maintained under Section 644.252, rather than Section 643.064, that relates to a holder of a commercial driver's license under Chapter 522 (Commercial Driver's Licenses) to certain persons, if DPS receives the holder's specific written consent to the release of information.
SECTION 2. Amends Chapter 644, Transportation Code, by adding Subchapter F, as follows:
SUBCHAPTER F. REPORT ON ALCOHOL AND DRUG TESTING
Sec. 644.251. DEFINITIONS. Defines "employee" and "valid positive result."
Sec. 644.252. REPORT OF REFUSAL AND CERTAIN RESULTS. (a) Requires an employer required to conduct alcohol and drug testing of certain employees to report to DPS a valid positive result on an alcohol or drug test performed, a refusal to provide a specimen for an alcohol or drug test, or an adulterated specimen, dilute [sic] specimen, or substituted specimen (as those terms are defined by 49 C.F.R., Section 40.3), on an alcohol or drug test performed.
(b) Requires DPS to maintain the information.
(c) Provides that information maintained is confidential and only subject to release as provided by Section 521.053 (Commercial Driver License Information).
SECTION 3. Repealer: Section 643.064 (Report of Positive Result), Transportation Code.
SECTION 4. Effective date: September 1, 2005.